Aleena Wasim Through Father v. Central Board Of Secondary Education And ORS

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3182/2025 ALEENA WASIM THROUGH FATHER .....Petitioner Through:

Mr.Rushab Aggarwal, Mrs. Riddhima J.Aggarwal and Mr.Japnish Singh Bhatia, Advocates versus CENTRAL BOARD OF SECONDARY EDUCATION AND ORS .....Respondents Through:

Mr.M.A.Niyazi, Standing Counsel for CBSE with Ms.Anamika Ghai Niyazi, Ms.Kirti Bhardwaj, Ms.Nehmat Sethi and Mr.Arquam Ali, Advocates for R1/CBSE Mr. Manashwy Jha, Advocate for Mr.

Sameer Vashisht, Standing Counsel (Civil), GNCTD for GNCTD/R-2 (Through VC) Mr.Gajinder Kumar, Ms.Kiran Jai, Ms.Dirshti & Ms. Somya, Advocates for R-3 (Through VC)

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

O R D E R

% 12.03.2025 CM APPL. 14901/2025 (Exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

W.P.(C) 3182/2025 & CM APPL. 14902/2025 (Stay)

1. The present writ petition under Article 226 of the Constitution of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

India has been filed on behalf of the petitioner seeking the following reliefs:- "(a) Issue any appropriate writ, order or directions including a writ of certiorari thereby quashing the Impugned Order bearing No. CBSE/AFF/2730212/2025/00010 dated 02.01.2025 issued by CBSE/Respondent No. 1;

and (b) Issue any appropriate writ, order or direction including a writ of mandamus thereby directing the Respondent No. 1/CBSE to afford a hearing to the Students to make their representations and decide the matter afresh; and (c) Issue any appropriate writ, order or direction including a writ of mandamus thereby directing the Respondent No. 2/DoE to take emergent disciplinary steps against the Respondent No. 4/Neeru Chadha for mismanagement of the Respondent No. 3/School leading to the present situation and (d) Award costs of the petition to the petitioner. and (e) Pass such other or further orders as this Hon'ble Court may deem just and proper in the facts and circumstances of the case;"

2. Issue notice. Learned counsels for the respective respondents accept notice.

3. Mr. M. A. Niyazi, learned Standing Counsel for the respondent No.1/CBSE, has taken a preliminary objection that the present petition has been filed by a single student and there is a question as to the maintainability of the matter.

4. Mr. Rushab Aggarwal, learned counsel for the petitioner, submits that the rights of the petitioner are prejudiced if the school is closed/deaffiliated; the petitioner shall be constrained to leave the school with The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the problem of searching for another school.

5. Perusal of the impugned order indicates that the students who are presently in Class IX and XI shall be shifted to the nearby school(s) by the Regional Officer, Delhi (East).

6. In response, Mr. M. A. Niyazi, learned Standing Counsel for the respondent No.1/CBSE, states that the apprehension of the petitioner that they will be shifted to a Government school is misplaced.

7. In rejoinder, Mr. Rushab Aggarwal, learned counsel for the petitioner, submits that the petitioner shall be satisfied if a direction may be passed by this Court that the students who are studying in Class IX and XI shall be shifted to the nearby school(s) of the equivalent standard.

8. In view of the submissions made by learned counsel for the parties, it is directed that the students who are shifted from Daisy Dales Senior Secondary School shall be shifted to the nearby school(s) of the equivalent standard by the Regional Officer, Delhi (East).

9. With the aforesaid direction, the present petition, along with the pending application, stands disposed of.

10. A copy of the order be sent to the Regional Officer, Delhi (East) for compliance.

DINESH KUMAR SHARMA, J MARCH 12, 2025 Dy/ht..

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.